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Archive For Entries On Citizenship and Immigration

Appeal Watch: “Serious” Non-Political Crimes and Refugee Protection in Febles v Canada

In late March of this year, the Supreme Court of Canada (SCC) held a hearing for Febles v Canada (Minister of Citizenship and Immigration). The case will determine how Article 1F(b) of the United Nations Convention relating to the Status of Refugees (the Convention), July 28, 1951, [1969] Can. T.S. No 6 should be interpreted […]

Can Domestic Abuse Victims Qualify as Refugees? – A Comment on Matter of A-R-C-G et al

The recently-released decision of the United States’ Board of Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al., (“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA 2014) may signal the United States’ growing openness to granting asylum to women who flee from domestic abuse.  While the decision itself may be considered overdue, its reasoning takes a strong critical […]

An Improved Test For Complicity in War Crimes

The United Nations Convention Relating to the Status of Refugees has long played a necessary role in ensuring the security of displaced persons around the globe. The Convention also ensures that this important goal is not undermined by excluding from protection individuals who are guilty of committing atrocities. Article 1F(a) of the Convention excludes from […]

Appeal Watch: Illegal Lawyer, Judge Trumping Jury and Appeal in Execution-Style Murder Case

The Illegal Lawyer? The phrase “illegal lawyer” may soon be more than just a bad oxymoron. The California Supreme Court (“CSC”) will render a verdict on what could be a huge issue concerning the rights of illegal immigrants in the United States. In re Garcia on Admission S202512 deals with the case of Sergio Garcia, […]

Appeal Watch: Chinese Company Brought to Court, Telecom Takes a Hit and the Deportation of Foreign Criminals

Chinese Company Can Be Charged in Case Involving the Deaths of Two Temporary Workers Over the past few years, billions of dollars have been funneled into Alberta’s oil sands. The Chinese, in particular, have a voracious appetite for Canadian natural resources. While most Canadians welcome foreign investors, who inject money into the economy, build infrastructure, […]

Amici Curiae: Baby-Stealing Dingos, Home-Grown Human Traffickers and the Strange Case of the Global Orphan

Why Yes,  A Dingo Stole Her Baby That was the argument that the distraught mother of Azaria Chamberlain has been making for the last thirty-two years. Azaria Chamberlain was only nine weeks old when she disappeared from a campsite in central Australia. Initially, police and the public-at-large pointed their fingers at her parents, particularly her […]

Léon Mugesera: A Lesson in Trying Judicial Deference

As earlier reported in TheCourt.ca‘s Amici Curiae, infamous alleged war criminal Léon Mugesera was extradited back to Rwanda and charged with genocide planning, genocide incitement, and distribution of arms earlier this year.  This was not, however, before Mr. Mugesera made final attempts to throttle his deportation order from Canada before the Federal Court and the […]

Attacking the H&C fee in Toussaint v Minister of Citizenship and Immigration (FCA)

For those living in Canada without immigration status, life can be difficult. There are many reasons why these individuals ended up here. A good portion would have left their country of origin with little financial resources, sometimes because it was no longer safe for them, or perhaps because they had no prospects for a good […]

George Galloway Was Never “Barred” From Canada For His Politics: Toronto Coalition to Stop the War et al. v. The Minister of Public Safety and Emergency Preparedness et al.

Whatever Your Politics… George Galloway is an alarming man. When he is interviewed on television, renowned and regularly resolute broadcasters succumb to trembling in trepidation. Although he possesses a cheeky grin and charming Scottish lilt, he is loud, blunt, and, on occasion, exceptionally rude. Although some find the former Member of the British Parliament to […]

The Sheriff of Nott-in-hand: The Latest Chapter in United States of America v. State of Arizona

On September 2, the U.S. Justice Department brought a lawsuit against Joe Arpaio, an Arizona sheriff from Maricopa County who is best known for his aggressive crackdowns on illegal immigrants. The Justice Department had been investigating Mr. Arpaio’s division after critics alleged that the sheriff’s arrest sweeps amounted to racial profiling against Hispanic individuals. Negotiations […]